SC drops SGPC case over Sehajdharis; reinstates panel elected in 2011

SC drops SGPC case over Sehajdharis; reinstates panel elected in 2011

New Delhi : The Supreme Court on Thursday disposed a petition by the Shiromani Gurdwara Parbandhak Committee (SGPC) over Sehajdhari Sikhs’ right to vote in SGPC elections as the case had become irrelevant following a new Central law taking away their right.
A bench comprising Chief Justice TS Thakur and Justice AM Khanwilkar said there was no point in hearing the case just for the sake of “academic interest”. The SGPC had come to the SC challenging the December 20, 2011 judgment by the Punjab and Haryana Court restoring Sehajdharis’ right to vote. The HC had ensured this by quashing the Centre’s October 8, 2003 notification disenfranchising the Sehajdharis. The HC had explained that the Centre could not take away the right, given under the Gurdwara Act 1925, through an official notification.In the light of the HC judgment, the Centre got the 1925 Act amended in Parliament and notified the new law on May 5, 2016, denying Sehajdharis the right to vote. Subsequently, the SGPC moved an application in the apex court, pleading for allowing its appeal against the HC verdict on the basis of the new law.Arguing for the SGPC, senior counsel AK Ganguly and Satinder Gulati pleaded with the bench to restore the committee elected in the September 18, 2011, SGPC elections. The bench accepted the plea.On March 30, 2013, the SC had asked the November 2010 executive committee headed by Avtar Singh Makkar to manage the gurdwaras and other SGPC institutions as the Sehajdharis had not been allowed to participate in the 2011 election of the new Board. SGPC elections are held every five years.Appearing for Sehajdhari Sikhs Federation (SSF), senior counsel Sushil Jain sought liberty to challenge the validity of the amendment to the Gurdwara Act. The bench said SSF was free to do so without the court’s nod.

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